MEJI Applauds New Laws Protecting People Under Guardianship and Conservatorship from Unnecessary Moves and Improper Home Sales
LANSING, Mich. — July 24, 2026 – The Michigan Elder Justice Initiative (MEJI) is celebrating two new laws that strengthen protections for people under guardianship and conservatorship when decisions are made about where they will live and whether their homes will be sold. The laws grew out of MEJI’s work since 2019 with the Attorney General’s Elder Abuse Task Force.
Gov. Gretchen Whitmer signed Senate Bills 585 and 586 into law Thursday. The bipartisan measures increase court oversight of decisions that can permanently separate people from their homes, communities, relationships and personal property.
These new laws come on the heels of the federal indictment of a Wayne County judge, an attorney, a professional guardian and conservator, and a group home owner. The group allegedly conspired to steal hundreds of thousands of dollars from the wards of the professional guardian and conservator, including selling their homes for below market value to the group home owner. The defendants are presumed innocent unless proven guilty.
“Guardians and conservators exercise extraordinary power over another person’s life and property,” said Alison Hirschel, Director and Managing Attorney of the Michigan Elder Justice Initiative. “These laws add meaningful protections at two of the most consequential moments a person can face: being permanently removed from home and having that home sold.”
Senate Bill 586 establishes new requirements before a guardian may permanently move a person from their permanent residence. A guardian generally must petition the probate court and explain why the move is proposed, whether the new residence is the least restrictive setting appropriate to the person’s needs and what services or modifications were explored to help the person remain at home. The guardian also must explain how the move would affect the person’s relationships and community activities, how the proposal was discussed with the individual, and whether the individual supports or objects to the move.
The new law includes additional safeguards for the individual, including the right to be heard and the opportunity for legal counsel. Before approving a contested move, the court must find by clear and convincing evidence—the highest civil standard—that the move is necessary and appropriate, that reasonable alternatives for supporting the person at home are unavailable and that the move is not being arranged primarily for the guardian’s convenience.
Senate Bill 585 strengthens financial protections when a conservator asks a court to approve the sale or mortgage of a protected individual’s residence. The court must consider an appraisal completed by a licensed real estate appraiser within the previous six months. If the court approves the sale of the individual’s residence for less than its appraised value, it must explain on the record why the sale is in the individual’s best interest.
“These laws are an important step toward a system that respects people’s rights, and preserves their connections to home and community,” Hirschel said. “Michigan must continue preventing unnecessary guardianships, expanding alternatives to guardianship, and promoting practices that maximize autonomy, independence, and dignity.”